C., C., et al. v. Ministerio de Salud y Acción Social de la Provincia de Buenos Aires
Country: ArgentinaYear: 1997
Court: Civil and Commercial Court of Appeals of Bahía Blanca [Cámara de Apelaciones en lo Civil y Comercial de Bahía Blanca, Sala II]
Citation: C., C. y otros c/ Ministerio de Salud y Acción Social de la Provincia de Buenos Aires, C. Civ. y Com., Bahia Blanca, Sala II, LLBA1997, 1122, 2/9/1997 (Arg.).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Persons living with HIV/AIDS had filed a guarantee of protection of individual constitutional rights (amparo protection) with the the lower court against the Ministry of Health, claiming that their HIV/AIDS medical treatment was willingly suspended, violating their right to health and jeopardizing their right to life. After the filing of the action, the treatment was …Read more
Case SU-480/97
Country: ColombiaYear: 1997
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Informed consent, Medicines
Human Rights: Freedom of association, Right to health, Right to life, Right to social security
The case combined six writs of tutela that were filed against the Institute of Social Security (ISS) into one record. The Plaintiffs were persons living with HIV who had not been able to obtain protease inhibitors to treat their HIV. The protease inhibitors sought by the Plaintiffs were antiretrovirals used in the treatment of HIV …Read more
D v. The United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 30240/96, 24 Eur. H.R. Rep. 423 (1997).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to life, Right to privacy
The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more
Lowns v. Woods; Procopis v. Woods
Country: AustraliaYear: 1996
Court: Supreme Court of New South Wales
Citation: [1996] Aust Torts Reports 81
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Medical malpractice, Medicines
The plaintiff is the father of a child who suffered from seizures and who received brain damage due to a particular seizure. During that particular seizure, the mother had sent another child to call the local doctor, one of the defendants, who did not come. As New Zealand imposes a statutory duty on doctors to …Read more
Doe v. Wigginton
Country: United StatesYear: 1994
Court: 6th Circuit Court of Appeal
Citation: 21 F.3d 733 (1994)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Appellant, Doe, a prisoner incarcerated in Kentucky, brought this challenge alleging his constitutional rights under the Eighth and Fourteenth Amendments were violated by Policy 13.5 (the Policy), a Kentucky rule which restricted the eligibility of inmates for “at-request” HIV testing. In January 1989, at an initial medical screening following his incarceration, Doe requested that …Read more
Fernández, Encarnación Pilar v. Secretaría de Seguridad Social (ANSES)
Country: ArgentinaYear: 1993
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Fallos 316/797
Health Topics: Health care and health services, Health systems and financing
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Social Security Agency [Administración Nacional de la Seguridad Social- ANSES]. The plaintiff claimed that her right to life and health was threatened by the Administration, because they didn’t pay her pension in time and therefore she couldn’t access medical …Read more
Case 00280
Country: Costa RicaYear: 1992
Court: Corte Suprema de Justicia de Costa Rica [Costa Rica Supreme Court]
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 07 de Febrero 1992, Sentencia 00280, Expediente: 90-001401-0007-CO (1992) (Costa Rica).
Health Topics: Disasters and emergencies, Health care and health services, Infectious diseases, Medicines
Human Rights: Right to health
Petitioner brought an action against the Social Security Service of Costa Rica, asserting that the institution arbitrarily stopped providing patients with pharmaceuticals for the treatment of HIV/AIDS, in violation of petitioner’s constitutional right to health. The petitioner sought the recognition of an obligation on the part of the Social Security Service of Costa Rica to …Read more
Rakesh Chandra Narayan v. State of Bihar and Others
Country: IndiaYear: 1988
Court: Supreme Court
Citation: 1989 AIR 348; 1988 SCR Supl. (3) 306; 1989 SCC Supl. (1) 644; JT 1988 (4) 233; 1988 SCALE (2) 965
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Medicines, Mental health, Water, sanitation and hygiene
In 1985 the Petitioners wrote a letter to the Court regarding the deteriorating state of the Ranchi Mansik Arogyashala, a mental hospital (the Hospital) in Bihar. The Court treated it as a public interest litigation under Article 32 of the Constitution. The Court directed the Chief Judicial Magistrate to visit the Hospital and submit a …Read more
Coulter et al. v. Brazil
Country: BrazilYear: 1985
Court: Inter-American Commission on Human Rights
Citation: Case No. 7615, Inter-Am. Comm'n H.R., Report No. 12/85, OEA/Ser.L/V/II.66, doc. 10 rev. 1 (1984-1985).
Health Topics: Environmental health, Health care and health services, Health systems and financing, Infectious diseases, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of movement and residence, Freedom of religion, Right to due process/fair trial, Right to education, Right to health, Right to liberty and security of person, Right to life, Right to property
In the 1960s, the Government of Brazil approved plans to permit the development of the Amazon region, as well as the exploitation of its natural resources, despite Constitutional provisions and national legislation guaranteeing indigenous communities in the region full possession of the lands they occupied and the resources found therein. The root of the violation …Read more
Carey v. Population Services International
Country: United StatesYear: 1977
Court: Supreme Court
Citation: 431 U.S. 678 (1977)
Health Topics: Child and adolescent health, Health care and health services, Health information, Medicines, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy, Right to social security
The Respondent, Population Planning Associates (PPA) was a corporation primarily engaged in the mail-order retail sale of nonmedical contraceptive devices. PPA regularly advertised its products in periodicals, and accepted and filled orders by mailing contraceptives to purchasers. The advertisements and order forms did not limit the availability of PPA’s products to persons of any particular …Read more